CONTACT: Tyler Richard, (402) 476-8091 x104,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Lincoln, Neb. – Today, the ACLU of Nebraska has asked a court for a temporary restraining order claiming that the City of Lincoln violated the First Amendment rights of Larry Ball. Mr. Ball, a 77-year-old Navy Veteran and father of four, was cited on Thursday and Saturday of last week for distributing religious pamphlets outside of the Pinnacle Bank Arena. The pamphlets, designed by Mr. Ball, share what he describes as his life and marriage being saved when he became a Christian four decades ago.

“Our client Larry Ball is a veteran, a father, and a taxpayer with deeply held religious beliefs,” said ACLU of Nebraska Executive Director Danielle Conrad. “He has the right to free speech and religious freedom in the public square free from government prosecution. This is about free speech. This is about religious freedom, This is a public space. The City of Lincoln cannot dodge nor delegate their constitutional responsibilities to the management of the Pinnacle Bank Arena. We call upon Mayor Beutler to drop the charges against Mr. Ball immediately and negotiate a common sense policy to end this matter once and for all. Taxpayer funds should not be wasted prosecuting Mr. Ball or defending unconstitutional polices that put a black eye on the beautiful new public arena that has otherwise brought so much excitement to the city of Lincoln.”

In March 2014, Mr. Ball was first arrested for expressing his religious views outside of the Arena. The ACLU of Nebraska successfully defended Mr. Ball and charges were dropped by the City of Lincoln in May 2014. Since then, Pinnacle Bank Arena management announced a policy that the ACLU argues violates free speech rights. According to the ACLU, multiple court cases demonstrate that even when a public space is being managed by a private entity, free speech rights must be respected.

"I served to protect the freedoms we have in this country," said Mr. Ball. "Now I want to exercise those freedoms by proclaiming the good news of Jesus Christ. This news changed my life and it can help others change also."

In recent years, the ACLU has also defended religious speech rights of students wanting to wear rosaries at a public school in Fremont, supported churches facing challenges at their place of worship due to zoning ordinances, and protected the religious rights of a student wishing to discuss her faith in her valedictorian speech.

Thomas White from the Omaha-based law firm of White & Jorgensen is serving as co-counsel on Mr. Ball’s case.

ABOUT: The ACLU of Nebraska and its diverse membership works in courts, the legislature and our communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States and Nebraska guarantee everyone in this state.

June 3, 2014CONTACT: Amy Miller, (402) 476-8091 x101,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN – The City of Lincoln has dropped charges against Larry Ball, a 77 year old Navy veteran who was ticketed for distributing religious pamphlets outside of the Pinnacle Bank Arena in March. On May 30, by motion of the City Prosecutor, Lancaster County Judge Thomas Fox dismissed the case with all court costs charged to the City.

Joel Donahue, Staff Attorney for the ACLU, said the dismissal of charges is consistent with court rulings in other parts of the country. "Courts have consistently ruled that even if a public arena is managed by a private entity, it is still public property. The city should welcome pamphleteers, demonstrators and others engaging in free speech activity at the arena."

"Our client and all individuals of any faith or political persuasion have the right to express their views on any subject in public," said ACLU of Nebraska Legal Director Amy Miller. "In dropping the charges, we hope the City of Lincoln has acknowledged the right of all residents to communicate ideas on a public sidewalk. We urge the city to quickly develop a policy that clearly acknowledges the plaza sidewalk is an open free speech zone in order to prevent any future arrests. Meanwhile, we stand ready to take any complaints of censorship at the Arena sidewalk."

ACLU attorney Alan Peterson has offered to assist the City of Lincoln in crafting clear guidance to residents of Lincoln regarding rights of individuals to participate in free speech activities around the arena.

Larry Ball is a father of four who says becoming a Christian four decades ago saved his life and marriage. He shares the story that saved his life by producing pamphlets that he distributes in public areas.

"Telling others my story is such a big part of my life," said Ball who celebrated his 77th birthday on Monday. "I am thrilled that the city will stop interfering with my right to simply share my faith with others. Venues like Memorial Stadium have clear policies – something the city should be doing with the Pinnacle Bank Arena. And the state Capitol and county city buildings have no history of interfering with free speech in their sidewalks and approaches. The Arena area is a great place to be part of the so-called "market place of ideas," where people offer but do not force various opinions on each other. In fact, the whole newly developed area ought to be thought of as the "Haymarket Place of Ideas!"

###

ABOUT: ACLU of Nebraska and its diverse membership works in courts, the legislature and our communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States and Nebraska guarantee everyone in this state.

FOR IMMEDIATE RELEASEApril 15, 2014CONTACT: Tyler Richard, (402) 476-8091 x104,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN - Today the ACLU of Nebraska said that Larry Ball was exercising his First Amendment rights when distributing religious pamphlets outside of the Pinnacle Bank Arena in March. In documents filed on behalf of Ball, the ACLU asks for charges to be dismissed. Ball was charged with trespassing.

"Christians and individuals of every faith or view point have the right to express their views in the public square," said ACLU of Nebraska Legal Director Amy Miller. "Mr. Ball was peacefully handing out religious materials, the very kind of speech which our Constitution was written to protect. The City, by arresting Mr. Ball and charging him with trespassing, has blatantly violated his rights."

Larry Ball is a 76 year old Navy Veteran and father of four who says becoming a Christian four decades ago saved his life and marriage. He share the story that he credits to saving his life with others by producing pamphlets that he distributes in public areas.

"I was told by the Lincoln Police that the arena was managed by a private agency and I was trespassing," said Ball, "I was then arrested. I've been sharing the story of my faith with others on public property for decades. Being told that I couldn't talk about my faith in this way is both offensive and it was illegal to force me to stop."

"The idea that taxpayers approved funding for the arena, appointed public officials to oversee the arena, but have no free speech rights because the city hired a private company to manage the space is disrespectful to the taxpayers of Lincoln," said Miller. "The sidewalk in front of the arena is clearly public land, no matter which entity gets the paycheck for maintaining the space."

In documents filed by the ACLU, the ACLU indicates that courts have looked into similar situations in the past. In 1997, a court ruled that even though the Colorado Rockies are a private entity, Coors Field is public land and sidewalk vendors could not be ticketed for trespassing.

"The adage 'if it looks like a duck, talks like a duck, quacks like a duck then it's a duck' applies to sidewalks," said ACLU of Nebraska Staff Attorney Joel Donahue pointing to a recent court ruling involving a march against child abuse that took place on a public sidewalk. "The area where our client was distributing his religious pamphlets is clearly a public sidewalk and all residents of Lincoln should expect that their First Amendment rights will be protected in that space."

"The US has more expression of religion in the public square than other democracies, a value which the city should be honoring," said Miller. "We hope to see charges dismissed and the sidewalk outside of the arena established as a public forum."

Organization reminds DHHS to respect religious wishes of parents due to recent complaints

FOR IMMEDIATE RELEASEMarch 12, 2014CONTACT: Tyler Richard, (402) 476-8091 x104,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN - In response to a series of recent complaints, the ACLU of Nebraska has issued a reminder to the Department of Health and Human Services that foster parents have failed to honor the religious faith of children in state care. In a letter sent to DHHS Director Thomas Pristow, the ACLU stated that "Religion, or the lack thereof, can play an important role in the lives of children" and that both the Nebraska Supreme Court and the US Supreme Court have recognized the importance of parents in the religious education and training of children.

"The case history and departmental regulations are very clear here – a child in state custody should be raised in a manner consistent with the faith of the parents," said ACLU of Nebraska Legal Director Amy Miller. "Decades of social science literature show that continued connection with culture and community helps make out of home care less traumatic for children. While we are hopeful that our recent complaints are isolated incidents, we would encourage any parents with children in foster care to contact us if they have concerns about the religious experiences of their children."

According to Joel Donahue, Staff Attorney for the ACLU, the complaints come from families with parents who are either Atheist, Jewish or Christian. Once the children were removed from foster care and returned to their parents, they began to ask their parents if they were going to hell because of the information that was provided to the children by their temporary foster parents.

"Clearly, the children in foster care were being taught religious values which do not fit with their parent's religion," said Donahue. "The state, through foster parents, should not be inserting itself into religious teachings that are up to the parents."Currently, the ACLU does not have plans for legal action but said it would consider action if it received additional complaints.

"The department has a good policy but we have concerns it isn't being enforced or appropriately communicated to foster parents," said Miller. "If we hear from additional parents while their children are in foster care and learn that this is an ongoing problem, we will have to demand enforcement through legal action."

Letter to superintendents sent in response to teacher complaints about new Pledge rule

FOR IMMEDIATE RELEASE

August 27, 2012

CONTACT: Amy Miller, (402) 476-8091,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

LINCOLN – On Monday ACLU Nebraska sent a letter to all Nebraska superintendents providing guidance on religious liberty and free speech rights for teachers. This was in response to multiple complaints from teachers that have been received by ACLU since the Nebraska State Board of Education passed a mandatory Pledge of Allegiance rule on August 10th.

The letter asserts that “a teacher whose conscience does not permit participation in the Pledge is exempt from the new regulations—just as students are.“

“A Christian teacher concerned about the policy cited a verse from Matthew 5 which, the teacher views as forbidding her/him from saying the Pledge of Allegiance,” said ACLU of Nebraska Legal Director Amy Miller. “Just as no student should be made to feel like an outsider or ostracized from the school community, no teacher should be judged on their participation in the Pledge.”

Over the past several years, ACLU Nebraska has received multiple complaints from both students and teachers in educational settings that require the Pledge. The complaints often come from students who report being “harassed” by school officials.

“Our public schools should be focused on education, not indoctrination,” said Miller. “We are pleased that most administrators respond quickly and appropriately when these types of complaints are made. We ask that school officials look into the guidance that we provided about this new rule so that the First Amendment rights of both teachers and students can be protected.”

While the ACLU has stated that nothing in the letter of the new rule violates the Constitution, it reminded superintendents that “those who recite the Pledge are celebrating the freedom of others not to do so.”

Key Issues

The need has never been greater for freedom-loving people to support the ACLU. By making a gift today, you can make sure that ACLU Nebraska has the resources it needs to continue to fight for all of our freedoms. Donate now!